Chapter 46 - FIRE PREVENTION AND PROTECTION

Part of the Code of Ordinances of Burnet, TX.

Local law · 1,620 sections

The text

Footnotes:

--- (1) --- Cross reference— Administration, ch. 2; aviation, ch. 18; buildings and building regulations, ch. 22; civil emergencies, ch. 38; floods, ch. 50; health and sanitation, ch. 54; manufactured homes and trailers, ch. 62; entering fire station without permission, § 70-2; personnel, ch. 82; solid waste, ch. 90; traffic and vehicles, ch. 106; utilities, ch. 110.

State Law reference— Motor vehicle liability coverage for firefighters, V.T.C.A., Local Government Code § 142.006; hazardous substances, V.T.C.A., Health and Safety Code § 501.001 et seq.; flammable liquids, V.T.C.A., Health and Safety Code § 753.001 et seq.; fire escapes, V.T.C.A., Health and Safety Code § 791.001 et seq.; commission on fire protection, V.T.C.A., Government Code § 419.001 et seq.; fire detection and alarm devices, V.A.T.S. Insurance Code, art. 5.43-2; fire protection sprinkler systems, V.A.T.S. Insurance Code, art. 5.43-3; fireworks, V.A.T.S. Insurance Code, art. 5.43-4; municipal fire protection, V.T.C.A., Local Government Code § 342.001 et seq.; liquefied petroleum gas, V.T.C.A., Natural Resources Code § 113.001 et seq.; arson, V.T.C.A., Penal Code § 28.02; county fire protection, V.T.C.A., Local Government Code § 352.001 et seq.; smoke detectors in hotels, V.T.C.A., Health and Safety Code § 792.001 et seq.; disabling fire exit alarms, V.T.C.A., Health and Safety Code § 793.001 et seq.; smoke detectors in residential tenancies, V.T.C.A., Property Code §§ 92.006, 92.251 et seq.

ARTICLE I. - IN GENERAL#

Sec. 46-1. - Reserved.#

Editor's note— Ord. No. 2024-19, § 2, adopted Aug. 13, 2024, repealed § 46-1, which pertained to fire zones—established and derived from Code 1979, ch. 5, § 2.

Sec. 46-2. - Parking restrictions.#

(a)

Vehicles containing flammable liquids. It shall be unlawful for any person to park any tank truck or tank trailer containing butane, propane, gasoline, kerosene, fuel oil, or liquefied petroleum gases, upon any of the streets or alleys within the city, except as provided for in subsection (b) of this section.

(b)

Trucks making deliveries within the city. Trucks entering the city for deliveries shall, as soon as delivery can be completed, move vehicles from any street or alley within the city.

(Code 1979, ch. 5, § 4; Ord. No. 2024-19, § 3, 8-13-24)

Cross reference— Parking, § 106-51 et seq.

Sec. 46-3. - Outdoor burning.#

(a)

Outdoor burning within the incorporated City Limits of Burnet, Texas is prohibited except as provided by permit of the fire marshal, local AHJ or their representative(s); or as further allowed by this subchapter and state law.

(b)

Definitions.

Extinguished means the absence of any visible flames, glowing coals, or smoke.

Practical alternative means an economically, technologically, ecologically and logistically viable option.

Sensitive receptor(s) means a manmade structure utilized for human residence or business, the containment of livestock, or the housing of sensitive live vegetation. The term "sensitive live vegetation" is defined as vegetation which has potential to be damaged by smoke and heat, examples of which include, but are not limited to: nursery production, mushroom cultivation, pharmaceutical plant production, or laboratory experiments involving plants.

Sunrise/sunset means official sunrise/sunset as set forth in the United States Naval Observatory tables available from National Weather Service offices.

(c)

Permitted burning. The on-site burning of trees, brush, and other plant growth for property upkeep, right-of-way maintenance, land clearing operations, and maintenance along water canals when no practical alternative to burning exists, when the materials are generated only from that property and when a permit is issued in compliance with the following requirements:

(1)

The minimum lot size to conduct outdoor burning is one acre.

(2)

Commercial properties will not be issued a burn permit, exception for development.

(3)

On-site land clearing on lots two (2) acres or greater upon which the owner intends to clear the lot itself of selected trees, brush and other plant growth when approved by the fire marshal.

(4)

Burning must be conducted downwind of or at least 300 feet (90 meters) from any structure containing sensitive receptors located on adjacent properties unless prior written approval is obtained from the adjacent occupant with possessory control.

(5)

Open burning must not be conducted within 50 feet of any structure or combustible material. Conditions that would enable fire to spread within 50 feet of a structure shall be eliminated prior to ignition. Exception: Distance from structures and other combustibles may be reduced to 15 feet if the fire is to be contained in an approved burning appliance.

(6)

Each day prior to burning the permit holder shall contact the local emergency dispatcher on a non-emergency phone line.

(7)

Sites permitted for open burning shall have a readily available garden hose or other reasonable method of conveying water or other approved fire extinguishing equipment. The burning material shall be constantly attended by a person 17 years of age or older who is knowledgeable in the use of the onsite fire extinguishing equipment and familiar with the requirements of the permit.

(8)

Burning shall be commenced and conducted only when wind direction and other meteorological conditions are such that smoke and other pollutants will not cause adverse effects to any public road, landing strip, navigable water, or off-site structure containing sensitive receptor(s}.

(9)

If at any time the burning causes or may tend to cause smoke to blow onto or across a road or highway, it is the responsibility of the person initiating the burn to post flag-persons on affected roads.

(10)

Burning shall be conducted in compliance with the following meteorological and timing considerations:

The initiation of burning shall commence no earlier than one hour after sunrise. Burning shall be completed on the same day not later than one hour before sunset and shall be attended by a responsible party at all times during the active burn phase when the fire is progressing. In cases where residual fires and/or smoldering objects continue to emit smoke after this time, such areas shall be extinguished if the smoke from these areas has the potential to create a nuisance or traffic hazard condition. In no case shall the extent of the burn area be allowed to increase after this time.

Burning shall not be commenced when surface wind speed is predicted to be less than six miles per hour (mph) (five knots) or greater than 23 mph (20 knots) during the burn period.

Burning shall not be conducted during periods of actual or predicted persistent low-level atmospheric temperature inversions.

(11)

Electrical insulation, lumber that has been treated, glued, laminated, pressed, varnished, stained or painted, plastics, non-wood construction/demolition materials, fiberglass, heavy oils, asphaltic materials, potentially explosive materials, chemical wastes, and items containing natural or synthetic rubber must not be burned.

(12)

The authority to conduct outdoor burning under this regulation does not exempt or excuse any person responsible from the consequences, damages, or injuries resulting from the burning and does not exempt or excuse anyone from complying with all other applicable laws or ordinances, regulations, and orders of governmental entities having jurisdiction, even though the burning is otherwise conducted in compliance with this regulation.

(d)

Permit fee and duration. Issued permits for the conducting of approved outdoor burning shall pay a fee as established by city ordinance. Burning is allowed for no more than 30 consecutive days. Extensions may be granted if the time period was shortened due to weather conditions, state or county issued burn bans, or any other reasonable reason as determined by the fire marshal.

(e)

Revocation. The fire marshal and his representatives are authorized to revoke a burn permit and require that the open burning be immediately discontinued if:

(1)

A complaint on the fire is received and substantiated.

(2)

On inspection of the fire, it is determined that the permit conditions are not being met.

(3)

It is determined that weather or other conditions not readily apparent or otherwise present at the time of issuance of the permit, have created too hazardous a condition for continued burning.

(f)

Refusal to issue permit. In instances where the greater good or the health, safety and welfare of the public supersedes those of the individual, or in times of a state or county issued burn ban; the fire marshal or his representatives may refuse to issue a permit for outdoor burning even though all conditions for permit issuance are being met.

(g)

Allowable nonpermitted outdoor burning. Outdoor burning shall be authorized for fires used solely for recreational or ceremonial purposes, or in the noncommercial preparation of food, or used exclusively for the purpose of supplying warmth during cold weather. These fires shall be no larger than two feet in height and three feet in diameter and shall be allowed without permit or notification of the local authority.

(h)

Penalty. Any person who violates any of the provisions of this section shall be guilty of a class C misdemeanor and upon conviction thereof, shall be punished by a fine not less than $100.00 nor greater than $2,000.00.

(Code 1979, ch. 5, § 5; Ord. No. 2006-18, § 2, 8-8-06; Ord. No. 2024-19, § 5(Exh. B), 8-13-24)

Cross reference— Solid waste, ch. 90.

Sec. 46-4. - Arson reward.#

The city hereby offers a reward of $250.00 for the arrest and conviction of any person found guilty of committing the crime of arson within the corporate limits of the city. This reward is a standing offer, and shall be paid out of the general operating fund of the city.

(Code 1979, ch. 5, § 6)

State Law reference— Arson, V.T.C.A., Penal Code § 28.02.

Sec. 46-5. - Fees for services rendered; collection.#

(a)

The city shall collect fees for specialized fire protection services. Such fees may include reimbursement for all equipment, materials, maintenance and overhead expenses and costs which constitute full reimbursement to the city for such services rendered.

(b)

Except as otherwise provided in this section, fees shall be charged for services rendered by the department according to a fee schedule to be adopted and which may be amended from time to time by resolution of the city council.

(c)

The city council may by resolution authorize an agreement with a third party to seek and collect, for a fee, compensation, reimbursement or insurance coverage for the fees for services owed to the department.

(d)

The city may enforce the provisions of this section by civil actions in a court of contempt jurisdiction for the collection of any amounts due hereunder, plus attorney fees, costs and expenses and any other relief that may be appropriate.

(Ord. No. 2003-02, § 2, 1-28-03)

Secs. 46-6—46-25. - Reserved.#

ARTICLE II. - FIRE CODE#

Footnotes:

--- (2) --- Editor's note— Ord. No. 98-17, §§ 1—12, adopted Nov. 10, 1998, substantially amended former Art. II, §§ 46-26—46-38. Amended sections of former Art. II derived from Ord. No. 95-2, §§ 1—9, 2-14-95.

Editor's note— Ord. No. 2024-19, § 6, adopted Aug. 13, 2024, repealed § 46-27 (establishment and duties of bureau of fire prevention), § 46-28 (definitions), § 46-29 (establishment of limits—of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited), § 46-30 (establishments of limits—in which storage of liquefied petroleum gases is prohibited), § 46-31 (same—of districts in which storage of explosives and blasting agents is to be prohibited), § 46-32 (same—of districts in which the storage of compressed natural gas is to be prohibited), § 46-32 (same—of districts in which the storage of compressed natural gas is to be prohibited), § 46-33 (same—of districts in which the storage of stationary tanks of flammable cryogenic fluids are to be prohibited), § 46-34 (same-of districts in which the storage of hazardous materials is to be prohibited or limited), § 46-35 (appeals), § 46-36 (New materials, processes or occupancies which may require permits), § 46-37 (penalties for the violation of Uniform Fire Code), § 46-38 (owners of buildings, structures or premises maintaining same as fire hazards), § 46-39 (owners maintaining hazards within buildings, structures or premises), § 46-40 (prosecution under sections 46-36 and 46-37; notice required) and derived from Code 1979, ch. 5, §§ 3(I—K); Ord. No. 98-17, §§ 2—12, adopted Dec. 10, 1998; Ord. No. 2000-05, § 2, adopted March 23, 2000.

Sec. 46-26. - International Fire Code.#

The International Fire Code, 2021 edition, a copy of which is on file in the office of the city secretary, is hereby adopted as the fire code of the city, said adoption being inclusive of Appendices A, B, C, D, E, F, G, H, I, K, and L and such amendments as follow: (a)

Section 101.1. Title. Insert: City of Burnet 101.1 Title. These regulations shall be known as the Fire Code of City of Burnet hereinafter referred to as "this code."

(b)

Section 103.1 Creation of agency; amend to read as follows: Section 103.1 "Creation of Agency." Amend to read: "The Burnet Fire Department Fire Prevention Division is hereby created and the Fire Chief or his designee shall be known as the Fire Code Official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code."

(c)

Section 103.2; amend to read as follows: "The fire code official shall be the Fire Chief or his designee."

(d)

Add section 107.1.1 To read as follows: All applications for permits required under this Article shall be made on such form as provided by the Building Official with payment of permit fees as stated in Article XI (entitled "Fee Schedule") Table Four (entitled "Fire Code Permit Fee Schedule").

(e)

107.3 Permit valuations. Delete this section in its entirety.

(f)

111.1 Board of Appeals Established, Amend to read as follows: 111.1 Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the Fire Chief and shall hold office at its pleasure. The board of appeals shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official.

(g)

Delete Section 111.3 Qualifications in its entirety.

(h)

Section 112.4, Violation penalties is amended as follows: 112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a Class C Misdemeanor punishable by a fine of not more than not less than $100 dollars or more than $2000 dollars or by imprisonment not exceeding number of days to be at the discretion of the Judge or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(i)

Section 113.4, Failure to comply is hereby amended as follows:

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $100 dollars or more than $2000 dollars.

(j)

SECTION 202, GENERAL DEFINITIONS

Amend section by including and or changing the following definitions:

ALL WEATHER DRIVING SURFACE - A driving surface that is capable of supporting the imposed loads of fire apparatus and consisting of material that is impervious to damage from wet conditions and does not produce dust during dry weather conditions. Accepted materials shall consist of concrete or asphalt correctly applied.

AMBULATORY CARE FACILITY. Buildings or portions thereof used to provide medical, surgical, psychiatric, nursing, or similar care on a less than 24-hour basis to persons who are rendered incapable of self-preservation by the services provided or staff has accepted responsibility for care recipients already incapable. This group may include but not be limited to the following: Dialysis centers, Sedation dentistry, Surgery centers, Colonic centers, Psychiatric centers, or Procedures involving sedation.

DEFEND IN PLACE. A method of emergency response that engages building components and trained staff to provide occupant safety during an emergency. Emergency response involves remaining in place, relocating within the building, or both, without evacuating the building.

Change definition ENERGY STORAGE SYSTEM CABINET to read as follows:

ENERGY STORAGE SYSTEM CABINET. An enclosure containing an energy storage system and meeting the applicable requirements of the listing for the system. Personnel are not able to enter the enclosure other than reaching in to access components for maintenance purposes.

(k)

Section 503.2.3 Surface.

Amend to read: Fire apparatus access roads shall be designed and maintained to support imposed loads of at least 85,000 Lbs. for fire apparatus and shall be surfaced to provide all-weather driving capabilities utilizing concrete or asphalt materials. When required by the code official a signed and sealed letter from a Geotechnical Engineer shall be provided to verify the design meets the standard.

(l)

Section 505.1 Address Identification. Amend to read: New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 6 inches (152.4 mm) high with a minimum stroke width of 1 inch (25.4 mm). Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road, buildings do not immediately front a street, and/or the building cannot be viewed from the public way, a monument, pole or other sign with approved 6-inch (152.4 mm) height building numerals. Address identification shall be maintained.

Exception: R-3 Single Family occupancies shall have approved numerals of a minimum 4 inches (101.6 mm) in height and a color contrasting with the background clearly visible and legible from the street fronting the property and rear alleyway where such alleyway exists.

(m)

Section 606.1 "General." Amend to read: "Commercial kitchen exhaust hoods shall comply with the requirements of the International Mechanical Code and NFPA 96."

(n)

Section 903.2.11.8 Spray Booths and Rooms. Add section to read: New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system.

(o)

Section 903.2.4.2 Group F-1 distilled spirits. Amend to read: An automatic sprinkler system shall be provided throughout a Group F-1 fire area used for the manufacture of distilled spirits involving more than 120 gallons of distilled spirits (>16% alcohol) in the fire area at any one time.

(p)

Section 903.2.9.3 Group S-1 distilled spirits or wine. Amend to read: An automatic sprinkler system shall be provided throughout a Group S-1 fire area used for the bulk storage of distilled spirits or wine involving more than 120 gallons of distilled spirits or wine (>16% alcohol) in the fire area at any one time.

(q)

Section 912.2.3; add to read as follows:

912.2.3 Hydrant Distance. An approved fire hydrant shall be located within 100 feet of the fire department connection as the fire hose lays along an unobstructed path.

(r)

Section 914.8.3.1 Hazardous operations. Repeal and Replace in its entirety to read:

914.8.3.1 Hazardous operations.

Any Group III aircraft hangar in accordance with Table 914.8.3 that contains hazardous operations including, but not limited to, the following shall be provided with a Group I or II fire suppression system in accordance with NFPA 409 as applicable:

Doping.

Hot work including, but not limited to, welding, torch cutting and torch soldering.

Fuel transfer.

Fuel tank repair or maintenance not including defueled tanks in accordance with NFPA 409, inerted tanks or tanks that have never been fueled.

Spray finishing operations.

Total fuel capacity of all aircraft within the unsprinklered single fire area in excess of 1,600 gallons (6057 L).

Total fuel capacity of all aircraft within the maximum single fire area in excess of 7,500 gallons (28 390 L) for a hangar equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1.

Exceptions: Subsection 6 shall not apply to Group III aircraft hangars with a single fire area of 6,500 square feet or less that are used for storage or servicing of aircraft if equipped with a monitored fire alarm system.

Subsections 6 and 7 shall not apply to Group III aircraft hangars with a single fire area greater than 6,500 square feet, but less than 12,000 square feet used for storage or service of aircraft if equipped with a monitored fire alarm system and a wet, dry, dual action, or deluge automatic sprinkler system.

(s)

Section 1103.5.3. Group I-2 Condition 2.

Change to read as follows:

In addition to the requirements of section 1103.5.2 existing buildings of Group I-2 condition 2 occupancy shall be equipped throughout with an approved automatic sprinkler system in accordance with 903.3.1.1. The automatic sprinkler system shall be installed as established by the adopting ordinance. The sprinkler system must be installed prior to operation or immediate "stop work" order administered upon discovery until sprinkler system is installed.

(t)

Section 1103.5.6 Spray Booths and Rooms. Add section to read: Existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system in accordance with Section 2404.

(u)

Section 5704.2.9.6.1 (geographic limits in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited): Zones R-1, R-1E, R-2, R-2A, R-3, OS, M-1, M-2, G, NC, PUD, C-1 as described in Sec. 118 City Code of Ordinances.

(v)

Section 5706.2.4.4 (geographic limits in which the storage of Class I and Class II liquids in above-ground tanks is prohibited): Zones R-1, R-1E, R-2, R-2A, R-3, OS, M-1, M-2, G, NC, PUD, C-1 as described in Sec. 118 City Code of Ordinances.

(w)

Section 5806.2 (geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): Zones R-1, R-1E, R-2, R-2A, R-3, OS, M-1, M-2, G, NC, PUD, C-1 as described in Sec. 118 City Code of Ordinances.

(x)

Section 6104.2 (geographic limits in which the storage of liquefied petroleum gas is restricted or the protection of heavily populated or congested areas): Zones R-1, R-1E, R-2, R-2A, R-3, OS, M-1, M-2, G, NC, PUD, C-1 as described in Sec. 118 City Code of Ordinances.

(y)

A101.3 Membership of Board. Amend to read as follows:

The Board shall consist of three to five voting members appointed by the Fire Chief. Each member shall serve until a successor has been appointed.

(z)

A101.3.1 Delete this paragraph.

(aa)

A101.3.7 Delete this paragraph.

(bb)

A101.5.3 Change to read as follows:

When 3 members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.

(cc)

Section D102.1; change to read as follows:

(dd)

D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing up to 85,000 pounds (38 556 kg)

(ee)

D104.3 Remoteness. Amend to read: Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses, or as approved by the fire code official and the City Manager or his/her designee.

(ff)

D105.3 Proximity to building. Amend to read: Unless otherwise approved by the fire code official, one or more of the required access routes meeting this condition shall be located not less than 15 feet (4572 mm) and not greater than 30 feet (9144 mm) from the building and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official.

(gg)

D106.3 Remoteness. Amend to read: Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses, or as approved by the fire code official and the City Manager or his/her designee.

(hh)

D107.2 Remoteness. Amend to read: Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses, or as approved by the fire code official and the City Manager or his/her designee.

(Ord. No. 2001-26, § 7, 12-11-01; Ord. No. 2003-17, § 7, 10-21-03; Ord. No. 2009-24, § 1, 11-24-09; Ord. No. 2017-15, § 2, 7-25-17; Ord. No. 2021-24, §§ 5—7, 7-27-21; Ord. No. 2024-19, § 4(Exh. A), 8-13-24; Ord. No. 2025-34, § 1, 8-12-25)

Editor's note— Ord. No. 2024-19, § 4(Exh A.), adopted Aug. 13, 2024, repealed the former § 46-26, and renumbered and amended the former § 22-160 as a new § 46-26 as set out herein. The former § 46-26 pertained to adoption of Uniform Fire Code; amendments and derived from Ord. No. 98-17, § 1, adopted Dec. 10, 1998; Ord. No. 2000-05, § 1, Mar. 23, 2000.

Secs. 46-27—46-40. - Reserved.#

Sec. 46-41. - Fireworks—Prohibition of, within city; declaring nuisance.#

(a)

Definition. As used in this section, "fireworks" shall mean and include all 1.4g explosives, previously known as "common fireworks," meeting requirements of the U.S. Consumer Product Safety Commission, and DOT Class C fireworks (now "consumer fireworks") as defined in NFPA 1123. Any small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50mg (0.002g) or less of explosive composition (salute powder), and aerial devices containing 130 mg (0.005g) or less of explosive composition (salute powder) per explosive unit. They shall include devices or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and shall include but are not limited to toy pistols, toy cannons, toy canes, or toy guns in which explosives are used of greater than twenty-five-hundredths of a grain of pyrotechnic composition, torpedoes, skyrockets, cylindrical fountains, cone fountain, illuminating torch, wheel, ground spinner, aerial devices, Roman candles, mines and shells, firecrackers, and/or 1.4g explosive not listed herein.

(b)

Permitted devices. The U.S. Department of Transportation does not classify the following items listed as common fireworks. The following items are not fireworks and possession, sale and use are allowed within the city:

(1)

Snake, GlowWorm - Pressed pellet of pyrotechnic composition that produces a large, snakelike ash upon burning. The ash expands in length as the pellet burns. These devices may not contain mercuric thiocyanate.

(2)

Smoke device - Tube or sphere containing pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.

(3)

Wire sparkler - Wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. These items may not contain magnesium and must not exceed 100g of composition per item. Devices containing any chlorate or perchlorate salts may not exceed 5g of composition per item.

(4)

Trick noisemaker: Item produces a small report intended to surprise the user. These devices include:

Party popper - Small plastic or paper item containing not more than 16mg of explosive composition that is friction-sensitive. A string protruding from the device is pulled to ignite it, expelling paper streams and producing a small report.

Booby trap - Small tube with string protruding from both ends, similar to a party popper in design. The ends of the string are pulled to ignite the friction-sensitive composition, producing a small report.

Snapper - Small, paper-wrapped item containing a minute quantity of explosive composition coated on small bits of sand. When dropped, the device explodes, producing a small report.

Trick match - Kitchen or book match that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match, a small report or a shower of sparks is produced.

Cigarette load - Small wooden peg that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match, a small report or a shower of sparks is produced.

Auto burglar alarm - Tube, which contains pyrotechnic composition that produces a loud whistle and/or smoke when ignited. A small quantity of explosive, not exceeding 50mg, also may be used to produce a small report. A squib is used to ignite the device.

Caps containing less than twenty-five hundredths of a grain of pyrotechnic composition when designed to be used in toy cannons or guns or other devices for use of such caps.

(c)

Fireworks prohibited.

(1)

It shall be unlawful for any individual, firm, partnership, corporation, or association to possess, manufacture, assemble, sell, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise put in action any fireworks of any description within the jurisdiction of the city.

(2)

It shall be unlawful for any parent or guardian of any minor child below the age of 18 years, to permit or allow such a minor child to store, keep, use, discharge, ignite, detonate, fire or otherwise set in action any fireworks.

(3)

It shall be unlawful for any person to knowingly or intentionally encourage or in any way assist a person under 18 years of age in to store, keep, use, discharge, ignite, detonate, fire or otherwise set in action, transport, keep, possess or otherwise store any fireworks.

(d)

Nuisance declared. The use or discharge of any fireworks within the city limits is declared to be a common and public nuisance and is in violation of the provisions of this section.

(e)

Exemptions. The following exemptions shall apply to activities prohibited in this section:

(1)

Fireworks being transported in interstate commerce under transportation (DOT) regulations covering the transportation of explosives and other dangerous articles by motor, rail, and water.

(2)

The use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations.

(3)

Model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models.

(4)

The sale, storage, and use in emergency situations of pyrotechnic signaling devices or distress signals for marine, aviation, or highway use.

(f)

Enforcement.

(1)

The fire marshal or any peace officer shall seize any fireworks found in violation of this section.

(2)

The fire marshal or any peace officer is authorized to:

Detain any fireworks being illegally transported;

Close any building where illegally stored fireworks are located until the fire marshal has been provided with an opportunity to seize and destroy the fireworks in accordance with the provisions of this section.

(3)

Notwithstanding any penal provision of this section, the city council may specifically authorize the city attorney to file suit on their behalf to:

Prevent unlawful storage, transportation, sale, or use of fireworks, within the jurisdiction of the city; and to aid the fire marshal in the discharge of his duties; or

Prevent a person from interfering with the seizure and destruction of illegal fireworks in accordance with this section.

(4)

It is not necessary to obtain injunctive relief as a prerequisite to seizure and destruction of illegal fireworks.

(5)

The fire marshal shall cause to be safely destroyed any fireworks seized pursuant to this section.

(g)

Penalty.

(1)

Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed $2,000.00.

(2)

Any person who manufactures, assembles or stores, or who transports, receives, keeps, sells, offers for sale or has in his possession any fireworks, within the city limits, without a valid permit, shall be fined an amount not less than $500.00 and not more than $2,000.00 for each offense. If the fireworks are separately wrapped or packaged, doing any act prohibited by, or omitting to do any act required by this section shall be a separate offense as to each such separately wrapped or separately packaged fireworks. Each day that a violation of this section continues with respect to any package of fireworks constitutes a separate offense.

(3)

Any person who uses, discharges, causes to be discharged, ignites, detonates, fires or otherwise sets in action any fireworks shall be in violation of the provisions of this section and is guilty of a separate offense for each act prohibited by this section. Upon conviction for the first offense the offender shall be fined an amount not to exceed $500.00. For each subsequent conviction, within two-years, the offender shall be fined an amount not less than $500.00 and not more than $2,000.00 for each offense.

(Ord. No. 2004-09, § 2, 6-22-04)

Sec. 46-42. - Same—Public fireworks displays; use of pyrotechnics before a proximate audience and use of flame effects before an audience.#

(a)

Definitions.

Public fireworks displays: As used in this section, "public fireworks displays" shall mean and include all public displays of 1.3g fireworks, of which the audience separation distance is not less than the minimums established in Table 3.1.3 of NFPA 1123 - Code for Fireworks Display.

Pyrotechnics before a proximate audience: As used in this section, "pyrotechnics before a proximate audience" shall mean and include the use of pyrotechnics in front of an audience at distances closer than the minimums required in Table 3.1.3 of NFPA 1123 - Code for Fireworks Display and shall be subject to the requirements of NFPA 1126 - Standards for the Use of Pyrotechnics Before a Proximate Audience.

Use of flame effects before an audience: As used in this section, the "use of flame effects before an audience" shall mean and include the combustion of flammable solids, liquids, or gases to produce thermal, physical, visual, or audible phenomena before an audience and be subject to the requirements of NFPA 160 — Standard for Flame Effects Before an Audience.

(b)

Permitting of public fireworks displays; use of pyrotechnics before a proximate audience and use of flame effects before an audience.

(1)

Any person, company or other entity desiring to ignite fireworks in a controlled public display, use pyrotechnic before a proximate audience or use flame effects before an audience must file an application with the city secretary at least 30 days prior to the proposed display along with a $50.00 application fee. The applicant must:

Meet all requirements for the same as outlined in Title 28. Insurance; Part 1, Texas Department of Insurance; Chapter 34, State Fire Marshal; Subchapter H, Storage and sale of fireworks;

Provide state required documentation to the city for review and final approval of the event, including recommendations or proposals for any changes as required.

(2)

The fire marshal, with approval from the city manager, may issue a permit for public fireworks displays; use of pyrotechnics before a proximate audience and/or use of flame effects before an audience. The event permitted may only be ignited as provided in the application and any restrictions added in the permit. At the time of the event, the fire marshal may require that the fire department be on standby at the site. As a requirement of the permit, the permittee may be charged the reasonable costs for the fire department being on standby status for the display.

(3)

The city, its agents, assigns and contractors may sponsor city fireworks displays with the express authorization of a majority vote of the city council. The person(s), company or entity contracted to operate the display, or use pyrotechnics or flames before an audience shall meet all state requirements as outlined in subsection (b)(1)a above. The fire marshal shall be notified of all city fireworks displays and shall review the proposed ignition site, the proposed trajectory and landing site for all fireworks displays and make recommendations or proposals for any changes. City sponsored fireworks, pyrotechnic and/or flame events shall be exempt from the local permit requirements. The fire marshal shall be notified of the location for storage of fireworks.

(4)

The city reserves the right to deny any application. The city reserves the right, with or without notice, to revoke any fireworks permit. All permits shall expire, and no longer be valid, immediately after the fireworks, pyrotechnic or flame event permitted was to occur.

(5)

Only those persons issued a valid permit shall be permitted to transport, store and ignite fireworks in compliance with a valid permit.

(c)

Enforcement.

(1)

The fire marshal or any peace officer shall seize any fireworks found in violation of this section.

(2)

The fire marshal or any peace officer is authorized to:

Detain any fireworks being illegally transported;

Close any building where illegally stored or used fireworks are located until the fire marshal has been provided with an opportunity to seize and destroy the fireworks in accordance with the provisions of this section.

(3)

Notwithstanding any penal provision of this section, the city council may specifically authorize the city attorney to file suit on their behalf to:

Prevent unlawful storage, transportation, sale, or use of fireworks, within the jurisdiction of the city; and to aid the fire marshal in the discharge of his duties; or

Prevent a person from interfering with the seizure and destruction of illegal fireworks in accordance with this section.

(4)

It is not necessary to obtain injunctive relief as a prerequisite to seizure and destruction of illegal fireworks.

(5)

The fire marshal shall cause to be safely destroyed any fireworks seized pursuant to this section.

(d)

Penalty. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed $2,000.00.

(Ord. No. 2004-08, § 2, 5-25-04)

Secs. 46-43—46-60. - Reserved.#

ARTICLE III. - FIRE MARSHAL#

Footnotes:

--- (3) --- Editor's note— Ord. No. 2024-19, § 7, adopted Aug. 13, 2024, repealed the former Art. III., §§ 46-61—46-68, and enacted a new Art. III as set out herein. The former Art. III pertained to similar subject matter and derived from the 1979 Code, ch. 5, §§ 3(A—D, G, H,).

State Law reference— State fire marshal, V.T.C.A., Government Code ch. 417.

Sec. 46-61. - Office created.#

The office of fire marshal is hereby created, as a full-time position with the city. Such office shall be situated within the fire department, the fire marshal reporting directly to the fire chief. Such office shall be filled in accordance with the city charter, municipal ordinances and the city's personnel policies, as same may be amended from time to time. The fire marshal shall be properly qualified for the duties of such office and shall be removed only for cause.